The ECHO-Association’s Appeal to the Utah State Records Committee

From: The ECHO-Association <>
Subject: Appeal to the Utah State Records Committee – Ref: FIRE FLOW TEST RESULTS
Date: May 3, 2021 at 5:22:21 PM PDT
Cc: Jennifer Hawkes <>,,,,

Rebekkah Shaw
SRC Executive Secretary
346 S. Rio Grande
Salt Lake City, UT 84101-1106
Phone: 801-531-3851
Fax: 801-531-3867

Dear Ms. Shaw,

We hereby appeal the “affirmed denial” of the Chief Administrative Officer of Emigration Improvement District (“EID” aka Emigration Canyon Improvement District aka ECID) under Utah Code Ann. 63G-2-403 regarding fire-flow test results of water system 18143 owned by EID and operated by the Simplifi Company (“Simplifi”) through Emigration Canyon Deputy Mayor Jennifer Hawkes and her spouse EID General Manager / EID Financial Manger / EID Records Custodian / EID Certified Records Officer Eric Hawkes (“Mr. Hawkes”) as the verified Public Records Office of EID under Utah Code Ann. Utah Code Ann. § 63G-2-103(11)(b)(i).

Please note the following for the purpose of this appeal:

Name: Mark Christopher Tracy dba Emigration Canyon Home Owners Association (“The ECHO-Association”)

Mailing Address: 1160 E. Buchnel Dr., Sandy, Utah 84094

Daytime Phone Number: 929-208-6010

Date of GRAMA Request to the EID Certified Public Records Officer: February 11, 2021 (see

Date of GRAMA Denial: February 24, 2021 (see

Date of GRAMA Appeal to Chief Administrative Officer: March 24, 2021.

Date of GRAMA decision of the Chief Administrative Officer: No response.

Relief Sought / Grounds for Appeal: Access to fire flow test results of water system 18143 owned by EID and operated by the Simplifi Company through Deputy Mayor Hawkes and Mr. Hawkes.

Under Utah Code Ann. sec. 63G-2-201(1)(a) “a person has the right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours” if the record is not privileged or confidential.

During the EID trustee meeting on June 11, 2020, Emigration Canyon Mayor and EID Operations Manager Joe Smolka reported that EID water distribution lines in the area of Littletree Road are 3 inches in diameter and are thus both contrary to information provided by the Simplifi Company in the 2018 Sanitary Survey and are unable to provide adequate fire flow during an emergency under the federal Safe Drinking Water Act of 1974 (see Water System 18143 Report responses at Nr. 56 and Nr. 58A available at The ECHO-Association website available at; and

Moreover, during the EID trustee meeting on September 10, 2020, Mr. Hawkes of Simplifi confirmed that he had “from time to time” manipulated the pressure reducing valves of water system No. 18143 but then refused to elucidate the reasons for taking such unusual and potentially dangerous action.

Kind Regards,

Mark Christopher Tracy
qui tam Relator / ECHO President
Tel. 929-208-6010